성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the Defendant was somewhat closely populated with the victim in the mixed subway, the Defendant intentionally put his or her sexual organ on the victim’s body.
Dried Sheged
The judgment of the court below that found the Defendant guilty of the facts charged in this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence, etc.) is too unreasonable.
2. Determination
A. In light of the following circumstances revealed by the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, it is sufficient to find the defendant guilty of the facts charged in this case that the defendant committed an indecent act by closely taking the defendant's sexual organ into the part of the defendant's establishment in the subway, so the defendant's assertion of mistake of facts is without merit.
(1) The defendant was arrested as an offender in the act of committing a crime by a police officer who has observed a crime at the scene where he/she was on a subway for the control of sex crimes.
② The victim H (a) stated from an investigative agency to the court of the original trial that the body of the other person was considerably disturbed in the part where the other person’s body was exposed after the passenger was taken in the subway from the I Station to the subway to the court of the original trial.
③ At the time of the instant case, F of the lower court’s witness F arrested the Defendant as an offender in the act of committing an offense. When the said witness was aboard a subway for controlling sexual crimes, etc., he reported that the Defendant was able to go back to the victim boarding the subway station despite other spaces, and thereafter, the Defendant was asked to go back thereafter. The Defendant was able to get aboard the subway station, and the Defendant was able to go back to the subway, and the Defendant was able to go back to the subway.
The first statement was made that it was observed from the beginning to the end.
(4) The time when the defendant commits an indecent act against the victim shall not be less than 12:27.